Rajakaruna vs Jayathuhami – CA NO. 574/99-2014

In the case between S.R.B.M. Rajakaruna (Defendant-Appellant) and Y.M. Jayathuhami and Y.M. Kusumawathi (Complainant-Respondents), the issue considered was whether the defendant-appellant exercised due diligence in prosecuting the appeal, particularly regarding the failure to substitute the deceased 1st plaintiff-respondent. The holding established that the defendant-appellant had not demonstrated due diligence, leading to the appeal being abated. The principle reaffirmed is that the party prosecuting an appeal must take timely procedural steps, especially in matters of substitution following the death of a necessary party. The decision was informed by the failure to act upon returned court notice and the procedural requirement for diligence in substitution, underscoring that lack of such